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What is the best way to go about clearing my record?

Pittsburg, CA |

In July of 2010 I was I plead guilty to sales of methamphetamines as part of a plea deal. I was given 6 mos in county jail, 3 years of formal felony probation, and have to register as a narcotic registrant. I am now 3 mos from successfully completing probation and am looking for the best way to clear my record. This is the only conviction on my record and it is has made employment and receiving resources impossible. I also just started school with a major in administration of justice and would like to be able to do something with it. My goal is to become a lawyer in the long term, in the short at least a paralegal. Any advice?

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Attorney answers 3

Posted

Whether you may expunge your record or not depends on the violation of the code section you were charged with. If the offense is a wobbler, meaning it may be charged as a felony or misdemeanor, then you would file a motion in court whereby the felony is reduced to a misdemeanor then expunged.

Hope this helps!

Armen Taslakian. 818. 937.3590. www.TaslakianLaw.com. Note: Armen Taslakian is an attorney licensed in the State of California. The answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

Asker

Posted

It does thank you!

Posted

The State Bar has admitted into practice some persons who have had serious drug convictions in their past. What will matter is the strength of your post-conviction record of rehabilitation. You should take a long look at California's statutory factors of rehabilitation and mitigation. The critical ones involve long-term actions that cannot be crafted out of thin air at the last minute. If you are serious about law as a career choice, you need to keep the stat factors in your hip pocket and work that program every day starting now. And you will need to expect and be prepared for some time consuming, expensive, outcome-uncertain and difficult times with the moral fitness investigation and determination.

Your record cannot be fully cleared. The arrest, charges and conviction will remain on your federal (NCIC - FBI) criminal history record even if you obtain State relief. And California does not offer a true expungement. Even so you may qualify for some limited record remedies and you need to consult with a skilled and experienced criminal defense attorney to determine what you may qualify for. You need to do this long before you are making any application to law schools.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Asker

Posted

Thank you so much for your input. Would I still be able to become a lawyer with having this expunged?

Posted

When you have successfully terminated probation you can file a petition to withdraw guilty plea and dismiss under Penal Code Section 1203.4. This is commonly referred to as an expungement although it does not actually erase it from your record. Rather, it will show on your Dept. of Justice record as a dismissal.

The benefit is that if the court grants the petition you will be able to legally deny having been convicted under most circumstances. Unfortunately, one exception when you would still have to admit the conviction is on any application for a state license when asked.

A drug sales offense is not a wobbler and cannot be reduced to a misdemeanor.

Make sure all of your fines and fees are paid before you file the petition as a judge could deny it if probation reports you have a balance.

Asker

Posted

Thank you so much for your response. Even though I have to disclose this conviction and expungement to be licensed can I still be licensed to practice law? After having completed the expungement I mean.

Bobby Glenn Bell

Bobby Glenn Bell

Posted

Check the State Bar rules but to my knowledge a conviction will not automatically prevent you from becoming licensed.

Asker

Posted

Awesome! Thank you so much, I will do that.

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